Several members of the U.S. military and other U.S. citizens have faced — or are facing — serious charges of crimes committed against their country. The latest case came Thursday when Susan Lindauer, a Maryland woman, was charged with being a spy for Iraq.

And although many Americans may like to see more traitors put to death — particularly since the Sept. 11, 2001, terrorist attacks — legal experts say it’s not that easy.

Sgt. Hasan Akbar is facing the death penalty on murder and attempted murder charges for throwing grenades into the tent of 101st Airborne Division soldiers in Kuwait last year, killing two officers and injuring 14 others. It’s the first time since the Vietnam War a U.S. Army soldier is being prosecuted for the murder of another soldier during wartime.

All of the seven men now on the military’s Death Row at Fort Leavenworth (search) in Kansas are convicted murderers.

In other cases, where the loyalty of a military person or another U.S. citizen is questioned, seeking the death penalty is often a last resort.

Lindauer, a former journalist and congressional press secretary, faces up to 10 years in prison for allegedly providing information to Iraq. On Thursday, she proclaimed her innocence and said she was simply an anti-war activist.

National Guardsman Spc. Ryan G. Anderson faces the death penalty for aiding the enemy after being accused of turning over U.S. Army information and means of killing military personnel to Al Qaeda.

An Army spokesman at Ft. Lewis, Wash. — where Anderson was based — said an Article 32 investigation surrounding Anderson is ongoing, and “I can’t speculate on them, on possibilities or charges” that may include the death penalty. An Article 32 hearing is the military equivalent of a pretrial hearing, and will determine whether a suspect faces a court-martial.

Treason, the only crime specifically defined in the U.S. Constitution, consists of levying war against the United States, “adhering” to its enemies and “giving them aid and comfort.” A person cannot be convicted of treason unless two witnesses testify to the act, or the suspect confesses.

“The case that got people thinking about treason was the case of John Walker Lindh … and there was nothing there,” said Eugene Fidell, a lawyer with Feldesman Tucker Leifer Fidell. “Prosecuting people for treason … you really have to be in the government’s face in a very, very direct and annoying way.

“It’s hard to prove because of the extraordinary stigma attached to it. We don’t like to prosecute people for treason,” Fidell said.

(We don’t like ?….. hell., I don’t like it, I love it.)

John Walker Lindh — a.k.a. “Taliban John” — was sentenced to 20 years in prison after he pleaded guilty to one count of supplying services to the Taliban carrying a rifle and hand grenades while fighting against the U.S.-backed Northern Alliance.

As part of the plea deal, the government dropped all other counts against the Californian, including conspiracy to kill CIA officer Johnny Michael Spann

Experts said so-called traitors can be charged with a myriad of other crimes, such as supplying material to terrorist organizations, since it’s doubtful treason cases will come to fruition.

“We don’t have treason trials — it’s a very clumsy mechanism for trying to deal with terrorists or bad guys or even American citizens trying to do bad things,” Friedman said. “There’s just too many barriers for that kind of conviction.”

Government prosecutors say retired Air Force Sgt. Brian Patrick Regan was willing to sell out his country by spying for Iraq, Libya and China for $13 million. His trial is still ongoing. That’s the first espionage case in 50 years that could lead to the death penalty.

Former FBI agent Robert Hanssen spent 20 years selling U.S. secrets to Moscow in return for more than $1.4 million in cash and diamonds. He was indicted on 21 espionage-related counts, most of which carried a maximum sentence of death. In July 2001, he pled guilty to 13 counts of espionage in exchange for a life sentence.

Some Americans think that of all the traitorous people to be made an example of for turning against their country, Hanssen is one that should have been it.

“What bothers me is to see people like Robert Hanssen … get spared from execution,” said Peter Murphy, an education consultant. “These individuals should have been made an example of and gotten a firing squad to send the message to those on the inside who are tempted by greed to betray their country.”

But others think the death penalty should be a last resort, even for supposed turncoats in the war on terror.

“Executing people because they are suspected of terrorist activity or feeding secrets to foreign regimes on speculation alone is [a] dangerously slippery slope,” said Claire Greenspan, a publicist in New York City. “You can set someone free after proving they have been unjustly accused — you cannot bring them back to life.”

Yeah, that’s the idea dipwad…. they need to be dead; no one wants to bring them back.

In a serious country, a world-leading nation, there would be no discussion on the issue, just the need for body bags.

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About Gary Alexander

Volunteer coordinator for veterans support network in North Texas.
Now retired from his private psychotherapy practice, I specialized in the diagnosis and treatment posttraumatic stress, working with victim assistance programs, veterans and the Veterans Administration for over 20 years.
After being wounded in action in Vietnam, I was medically retired from the Marine Corps and know first hand many of the readjustment difficulties and psychological stresses experienced by today's OIF and OEF veterans.
I am available, at minimal cost, to speak at your functions on several subjects including veterans issues, Vietnam, the Medal of Honor, Posttraumatic Stress Disorder and critical incident debriefings.

That makes two of us. The death penalty as a last resort? As Ernest Borgnine said to Lee Marvin in The Dirty Dozen: “I know a lot of people who should go exactly that way, Major.” Hanging traitors would create a lot of jobs in the rope-making industry these days.

My name is Quran Akbar Bilal. I am the mother of Sgt. Hasan Akbar, an American soldier who was accused, convicted and sentenced to death for 2 counts of premeditated murder and 17 counts of premeditated attempted murder. My son never confessed to that crime.
In February, 2010 the United States Army Defense Team filed an appeal in the behalf of
Sgt. Hasan Akbar for a retrial. I never read the Brief. I am speaking in the behalf of my son, Hasan Akbar for Justice. Three other soldiers were involved in the case. Sgt. Kumma, Sgt. Claudale, and Sgt. Brandt Scott. Their involvement was never mentioned. During my first visit, Hasan stated, “I couldn’t fight three hundred soldiers, they all turn against me.” Hasan stated that Sgt. Kumma, Sgt. Claudale and Sgt. Brandt. Scott, threatened to kill him, they told him that he was the enemy and called him by abusive names. Hasan stated, “I couldn’t walk the yard without being ridiculed & made mockery of. I fear for my life.” It was told that the Majors, Commanders, and others… knew what was happening. They ignored the situation
Hasan stated a drug was given to him before the attack. U.S. Military Atty. Captain David Coombs stated and verified that a drug was given to Akbar before the attack, and he was isolated from the other soldiers. Three other immigrant Muslims were captured and let go during the attack. It was documented that Hasan ‘s rifle didn’t kill the Captain, three months later it was changed. The Captain was shot in the back and leg. There was no investigation in the defense for Sgt.. Hasan Akbar, the request was denied.
No Mitigatory was present during the trial. From the beginning to the end of Akbar’s trial, he was under the influence of drugs. Sgt. Hasan Akbar Defense Atty. Captain David Coombs and Major Dan Brookhart, are very close friends with victmis in the Grenade attack. Hasan’s parents were prohibited from speaking in his behalf. The witnesses that the Defense Team called to speak in Sgt. Hasan Akbar behalf were the same soldiers that Akbar put in a request to file charges against and his requests were denied. In my closing I’s like to say that I listened to each victim in the attack and not one of them stated that they were sleep.
Imam Warith D. Mohammed gave his full support in the defense for Hasan Akbar. In the month of July, 2008 Imam Warith D. Mohammed accepted the responsibility of paying the remaining balance of Hasan Akbar’s Attorney Fee [in payments].
On August 11, 2009, I received a letter from Deputy Commandant Thomas J. Schmitt, from Fort Leavenworth, Kansas; stating that your son, Hasan Akbar received serious burns on his body from hot water. It was noted; it was boiling hot water and it was thrown on him. the Mitigatory Mrs. Townsend, during her visit in Los Angeles, CA. stated that the U.S. Army did tamper with Akbar’s original diary and interpreted to what they thought it meant.